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Transgender Legal Advisor

More Name Change Issues

By Carolyn Woodward

Got a legal question? Having some problems with the law? TG Attorney Carolyn Woodward will try and answer your questions. Contact her via Email at carolyn@tgforum.com or message publisher Cindy Martin and we'll make sure she gets your question.


Q:
I have just read your article entitled 'Legal Name Change' (along with several other articles on the subject) in the TGForum library. I am a full-time pre-op and I live in the Bay Area. I have already changed my drivers license to my female name and gender and my SS card to my female name following the procedures and forms you mentioned in your other article. Thank you, that was very helpful. And I have changed almost every other card, account, etc. This was all very simple and do-it-yourself. I wonder about the necessity then of this court order? I have not looked into changing my passport and birth certificate, or university degree or high school diploma. I don't need these for day-to-day life. So, am I legally female or not?

If I understand your article correctly, and I'm not sure I do, one needs a court ordered name change to have one's name changed on the birth certificate and passport? Is that true? If so, and I was born in another state, do I then have to do this application in that state even though I am a resident of California? And if I have to do it in my birth state, how do I find out how to do it there? I don't understand this: Does this mean that I have to physically go to my birth state and do all this stuff? That just doesn't make sense! Can't I do this in California?

A:
To change your birth certificate and your passport, as well as your university degrees (usually), you will have to have a court ordered name change. This is the general rule. There are some exceptions for the passport. You can get one in your new name without the court order IF you have used the name exclusively for five years and can get affidavits from people who know that. Otherwise, you need the court order. You can get your sex changed to female on the passport for one year along with the name change, but after that you have to have the affidavit from your doctor attesting to the surgery. (The same thing you need for the birth certificate.)

You know, I did forget to mention multiple state situations. The quick answer is that, yes, you will need to change your birth certificate in your birth state, because that is where the birth certificate was issued, and where it is kept. You can change your name here, in fact, if you are going to do so, you need to do it here as this is where you now reside, and the Superior Court in the county of your residence has jurisdiction. Regarding the birth certificate, the birth state court will honor the California name change decree, but California courts have no jurisdiction to order the other state to change your birth certificate. So you would need to petition the appropriate state court. To do that, find yourself an attorney who practices there, and let him or her worry about the details. As to whether you have to go to there, that's up to the court. Were I doing changes to a California birth certificate for someone who resides out of state, I would use their out of state court order for the name change, provide the necessary affidavit from the surgeon (if sex is being changed) and ask the court to waive the personal appearance. It would then be up to the judge.

Are you legally female? I would say not - at least I'm pretty sure that if I had argue against it I could convince a court you are not. I know your driver's license says female, but you are pre-op, and DMV makes special allowances for that situation. It makes life more convenient, but does not legally change your status. Generally, that status ("legally" female) is not conferred until one is post-op and the records have been changed.

So, there really isn't anything you need to do at the moment, but after you have SRS you will want to finish the transition - which includes legal status, for which you need the court ordered name change and birth certificate change.

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